Hundeyin Condemns National Assembly’s ‘Nonsensical Voice Vote’ Approval of Rivers’ State of Emergency Declaration

Journalist and West Africa Weekly Editor-in-Chief David Hundeyin has raised concerns over the approval process for President Bola Ahmed Tinubu’s state of emergency declaration in Rivers State.

In a post on Thursday morning, Hundeyin disclosed that Senate President Godswill Akpabio planned to use a “voice vote” instead of a formal voting process, similar to the controversial session that led to the suspension of Senator Natasha Akpoti-Uduaghan. In that case, Akpabio ruled that the “ayes” had it despite the “nays” being audibly louder.

I have been reliably informed that the Nigerian Senate President is planning to subject the declaration of a state of emergency in Rivers State to the nonsensical ‘voice vote’ procedure, Hundeyin wrote.

For context, any proclamation made under Section 305 of the Constitution must be approved by a two-thirds majority within 48 hours when parliament is in session. The ruling party and the Senate President cannot muster the required votes and are now looking to cover up using either a rigged secret ballot or a clearly compromised voice vote, he added.

The National Assembly has approved the emergency declaration, but the process violates Nigeria’s constitution. Senate President Akpabio and House Speaker Tajudeen Abbas allegedly bypassed constitutional requirements by using WhatsApp voice messages to secure votes instead of holding an open vote. A senator reportedly leaked this information to human rights lawyer Deji Adeyanju, who called it an attempt to force lawmakers into compliance.

Under Section 305 of the 1999 Constitution (as amended), a state of emergency can only be declared under specific conditions, including war, a breakdown of public order, or a clear threat to Nigeria’s stability. It can also be requested by a state governor with legislative backing. Some critics argue that Rivers State does not meet these criteria and that a security intervention would have been a more appropriate response.

For the proclamation to be valid, both chambers of the National Assembly must approve it by a two-thirds majority within 48 hours if in session or within ten days. Without this approval, the declaration automatically becomes void. However, due process was overlooked, given the controversy over the voting process.

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